A recent decision of U.K Chancery Division allowed an action by Rihanna relating to a claim of false endorsement resulting from the sale of a garment bearing an image of her.
Backrack Inc. filed an application for the trade mark BACKRACK based on use in Canada since at least 1989 in association with:…more
Backrack Inc. filed an application for the trade mark BACKRACK based on use in Canada since at least 1989..…more
The Arrival of Technical Protection...
While critics of technological protection measures have raised concerns with respect to privacy and other issues Parliament has made the policy choices and any issues will now have to be dealt with on a specific basis as the…more
A recent decision of the US Trademark Trial and Appeal Board (“TTAB”) made interesting comments concerning whether the trade-mark applied for was generic…more
A recent decision of the High Court of Justice in the United Kingdom provides some useful comments concerning the infringement of design trade-marks…more
This article is part of a continuing series dealing with what brand owners need to do to protect their brands. While the best course of action for each brand owner will vary widely, there are some basic steps that should be…more
Harmony Consulting Ltd. v. G .A....
Back-dated or retroactive copyright assignments are quite common. However, in a recent Canadian case a Judge of the Federal Court was not prepared to accept the assignment on its face…more
A recent decision of the Trade-marks Opposition Board illustrates the care that must be taken in determining the positions to be taken in response to an opposition…more
A recent decision of a United Kingdom court considered whether the defendant’s use of the plaintiff’s trade-marks on the defendant’s websites, allegedly operating from Florida, constituted “use” of the trade-marks in the United…more
A recent decision under the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), deals with unregistered rights in the CHAMPAGNE mark which, it was asserted, were protectable in the United Kingdom under the common law…more
A recent decision of the Trade-marks Opposition Board shows how the distinctiveness of a trade-mark can change and affect the outcome of an opposition…more
A recent decision (Varco Canada Limited v. Pason Systems Corp. 2011 FC 467 (F.C.)) of the Federal Court deals with the ethical dilemma that counsel for the plaintiff found themselves in relating to evidence that had been…more
A recent judgement of the High Court of the United Kingdom illustrates the problems relating to launching a new product and an interesting application of the principles relating to trade-mark infringement…more
A recent decision of the Trade-marks Opposition Board gave effect to the fame of the “BUD” mark…more
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